Road Safety (Heavy Vehicle Safety) Act 2003 (Vic)

Road Safety (Heavy Vehicle Safety) Act 2003

Act No. 44/2003

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY MATTERS	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE ROAD SAFETY ACT 1986 3

3.	Insertion of Part 9	3
PART 9—INSPECTIONS AND SEARCHES
CONCERNING HEAVY VEHICLES	3
Division 1—Preliminary Matters	3

106.	Definitions	3
107.	Residential purposes	12
108.	Driver base	13
109.	Copying of documents	14
110.	Compliance purposes	15
111.	Other reference provisions	15
112.	Authorisation of authorised officers	15

Division 2—Inspections and Searches of Vehicles on

Highways or Public Places 17

113.	Vehicles to which this Division applies	17
114.	Power to inspect vehicle	17
115.	Power to search vehicle	19
116.	Production of identification by inspectors before vehicle
inspections or searches	21
117.	Production of identification during inspection or search	22
118.	Consent not needed for inspections or searches	23

Division 3—Inspections and Searches of Premises 23

119.	Definition	23
120.	Premises to which this Division applies	24
121.	Power to inspect premises	24
122.	Power to search premises	25

i

Section Page

123.	When inspection or search may be conducted	28
124.	Unattended or residential premises not to be searched	28
125.	Procedure for obtaining informed consent	29
126.	Production of identification by inspectors before
inspections or searches of premises	32
127.	Production of identification during inspection or search	33

Division 4—Search Warrants 34

128.	Search warrants	34
129.	Announcement before entry	36
130.	Details of warrant to be given to occupier	37
131.	Seizure of things not mentioned in the warrant	37

Division 5—Inspectors May Give Directions 38

132.        Power to require production of documents and related

items 38
133.	Direction to provide reasonable assistance 39
134.	Authority to run vehicle's engine 41
135.	Direction to state name and address 41
136.	Direction to provide certain information 42
137.	Manner of giving directions under this Division 43
138.	Self-incrimination not an excuse 44

Division 6—Seizure 45

139.	Copies of certain seized things to be given	45
140.	Access to seized things	46
141.	Journey may be completed despite seizure of required
thing	46
142.	Embargo notice	47
143.	Retention and return of seized documents or things	49
144.	Magistrates' Court may extend 3 month period	50

Division 7—Other Matters Concerning Inspections and

Searches 50

145.	Use of assistants and equipment	50
146.	Use of equipment to examine or process things	51
147.	Use or seizure of electronic equipment	52
148.	Obstructing or hindering inspectors	53
149.	Impersonating authorised officers	53

4.	Changes to definitions	53
5.	General evidentiary provisions – consequential amendment	54

ii

Section	Page
PART 3—AMENDMENTS TO OTHER ACTS	55

6.	Repeal of superseded provision	55
7.	Inspection of motor vehicles	55
8.	Insertion of section 217A	56
217A. Additional inspection power concerning heavy vehicles	56

═══════════════

ENDNOTES 57

iii

Victoria

No. 44 of 2003

Road Safety (Heavy Vehicle Safety) Act

2003†

[Assented to 11 June 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY MATTERS

1. Purpose

The main purpose of this Act is to amend the heavy vehicles to be better enforced by providing enhanced inspection and search powers.
Road Safety Act 1986 and the Transport

Road Safety (Heavy Vehicle Safety) Act 2003

Act No. 44/2003

Part 1—Preliminary Matters s. 2

2. Commencement

(1) This Act comes into operation on a day or days to

be proclaimed.

(2) If a provision of this Act does not come into

operation before 1 July 2003, it comes into

operation on that date.

__________________
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Act No. 44/2003

s. 3 Part 2—Amendments to the Road Safety Act 1986

PART 2—AMENDMENTS TO THE ROAD SAFETY ACT 1986

3. Insertion of Part 9

See:

Act No.	After Part 8 of the Road Safety Act 1986
127/1986.	insert—
Reprint No. 7
as at
19 June 2002	'PART 9—INSPECTIONS AND SEARCHES
and	CONCERNING HEAVY VEHICLES
amending
Act Nos
19/1991 (as
amended by	Division 1—Preliminary Matters
Nos 23/2001,
92/2001),	106. Definitions
54/2001,
1/2002 and
46/2002.	In this Part—
LawToday:
"accident" means an incident that involves
dpc.vic.	a heavy vehicle and that results—
gov.au

(a)	in a person being killed or injured; or
(b)	in damage being caused to a vehicle, or to other property;

"approved road transport compliance

scheme" means a scheme, agreement
or arrangement that—

(a) is prescribed by the regulations; or

(b) is identified by, or is of a class identified by, the regulations—

and that makes provision for
compliance with a road or transport law
or a non-Victorian road or transport

law;

Example

A scheme, agreement or arrangement that provides for a system of accreditation-based compliance or for a system involving the use of an intelligent transport system.

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"authorised officer" means a person

authorised in writing by the
Corporation or the Secretary under
section 112;

"compliance purposes" has the meaning set out in section 110;

"driver base" has the meaning set out in

section 108;

"garage address" of a heavy vehicle

means—

(a)	in the case of a vehicle that is normally kept at a depot or base of operations when not in use—the principal depot or base of operations of the vehicle; or
(b)	in the case of a vehicle that is normally kept on a highway when not in use—

(i) one registered operator—the

where the vehicle has only registered operator; or

(ii) than one registered
operator—the home address
of the registered operator
whose home address is

where the vehicle has more is kept; or

(c) nominated by the applicant for

in any other case, the place vehicle is normally kept;

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"goods" includes animals (whether dead or

alive) and containers (whether empty or
not), but does not include people or
fuel, water, lubricants, tools and other
equipment or accessories that are
necessary for the normal operation of
the vehicle in which they are carried
and that are not carried as cargo;

"heavy vehicle" includes—

(a)	any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and
(b)	a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business;

"inspector" means an authorised officer or a member of the police force;

"intelligent transport system" means a

system involving the use of electronic
or other technology (whether located in
or on a vehicle or elsewhere) that has
the capacity to monitor, collect, store,
display, analyse or transmit information
relating—

(a)	to a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and
(b)

without limiting paragraph (a), to relation to its legal entitlements;

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"journey documentation" means any

documentation (other than transport documentation) directly or indirectly associated with—

(a)

the actual or proposed physical by road or any previous transport of the goods or passengers by any mode; or

(b) far as the documentation is

goods or passengers themselves so proposed physical transport—

whether or not the documentation has
been transmitted physically,
electronically or in any other manner
and whether or not the documentation
relates to a particular journey or to

journeys generally;

Examples

The following are examples of journey documentation—

(a)	documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers;
(b)	workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers;
(c)	a subcontractor’s payment advice relating to goods or passengers or the transport of goods or passengers;
(d)	documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay

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records and mobile or other phone
records;

(e) information reported through the use of an intelligent transport system;

(f) driver manuals and instruction sheets;

(g) advice in any form from check weighing carried out before, during or after a journey.

"legal entitlements" of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that

entitles it to be operated for the
transport of goods or passengers by
road, and includes any entitlements

arising under or affected—

(a)	by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or
(b)	application of restrictions, under a

by restrictions, or by the laws;

Examples

Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits.

"load", in relation to a vehicle, means—

(a)	all the goods, passengers and drivers in or on the vehicle; and
(b)	readily removable tools and

all fuel, water, lubricants and vehicle and required for its normal operation; and

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(c)	anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and
(d)	personal items used by a driver of the vehicle; and
(e)	anything that is normally removed from the vehicle when not in use—

and includes a part of a load;

"non-Victorian road or transport law"

means a law of an Australian
jurisdiction other than Victoria—

(a)

that regulates, in that jurisdiction, transport law regulates in Victoria; or

(b) that is specified as a law for the purposes of this definition by the regulations;

"operator", in relation to a vehicle, means a

person who is responsible for
controlling or directing the operations
of the vehicle in connection with a
business for, or involving, the transport
of goods or passengers by road, but
does not include a person who
merely—

(a)	arranges for the registration of the vehicle; or
(b)	maintains, or arranges for the maintenance of, the vehicle;

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"passenger", in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any

person necessary for the normal
operation of the vehicle;

"premises" includes any structure, building,

vessel or place (whether built on or
not), and any part of any such structure,
building, vessel or place;

"relevant law or scheme" means—

(a) a road or transport law; or

(b)	a non-Victorian road or transport law; or
(c)	an approved road transport compliance scheme;

"responsible person" means any person having, at a relevant time, a role or responsibilities associated with road

transport, and includes any of the

following—

(a) an owner of a heavy vehicle;

(b)	a driver, including a two-up driver, of a heavy vehicle;
(c)	an operator or registered operator of a heavy vehicle;
(d)	a person in charge, or apparently in charge, of a heavy vehicle;
(e)	a person in charge, or apparently in charge, of the garage address of a heavy vehicle or the driver base of a heavy vehicle;

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(f) approved road transport
compliance scheme to have
monitoring or other
responsibilities under the scheme,
such as responsibilities for
certifying, monitoring or

a person appointed under an the scheme;

(g)	an operator of an intelligent transport system;
(h)	a person who consigns goods for transport by road;

(i)  a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;

(j)	a person who loads goods or a container on a heavy vehicle for transport by road;
(k)

a person who unloads goods, or a consigned for transport by road;

(l)	a person to whom goods are consigned for transport by road;
(m)	a person who receives goods packed outside Australia in a freight container or other
container or on a pallet for transport by road in Australia;
(n)	weighbridge or other weighing facility used to weigh heavy

an owner or operator of a premises where such a

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weighbridge or weighing facility

is located;

(o) arranged for, or offered, a freight

a person who consigned, or road;

(p)

a person who controls, or directly operation of a heavy vehicle;

(q) sub-contractor of any person

an agent, employer, employee or paragraphs of this definition;

"road or transport law" means—

(a) this Act;

(b) the Transport Act 1983;

(c) any regulation made under this Act or the Transport Act 1983;

"transport documentation" means—

(a) any contractual documentation directly or indirectly associated

with—

(i) to, the actual or proposed
transport of goods or
passengers by road or any
previous transport of the

a transaction for, or relating mode; or

(ii) goods or passengers
themselves so far as the
documentation is relevant to
their actual or proposed
transport; or

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(b) any associated documentation—

(i)	contemplated in the contractual documentation; or
(ii)	required by law, or customarily provided, in connection with the contractual documentation or with the transaction—

whether or not the documentation has
been transmitted physically,

electronically or in any other manner;

Examples

Examples of transport documentation include an invoice, delivery order, consignment note, load manifest, vendor declaration, export

receival advice, bill of lading, contract of
carriage, sea carriage document, and container
weight declaration, relating to goods or

passengers.

"two-up driver" means a person who—

(a)	shares with another person the driving of a heavy vehicle; and
(b)	travels as a passenger on the vehicle whilst the other person is driving the vehicle.

107.

Residential purposes part of a premises, that is used for business purposes is not to be taken to be used for residential purposes merely because sleeping or other accommodation is provided there for the drivers of heavy vehicles.

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108. Driver base

(1) In this Part, the "driver base", in relation to a heavy vehicle, is—

(a) in the case of a heavy vehicle that is not part of a group of vehicles—

(i)  the place recorded for the time being as the driver base in the log

book kept by the driver of the vehicle; or
(ii)	in sub-paragraph (i)—the garage

if no place is recorded as specified recorded—

(A) by the Corporation; or

(B) if the vehicle is registered in another State or Territory, by the registration authority of

that State or Territory; or

(iii) in sub-paragraph (i) or (ii)—the
place from which the driver

if no place is recorded as specified instructions; or

(b) in the case of a group of vehicles—

(i)  the place recorded for the time being as the driver base in the log book kept by the driver of the group; or

(ii) in sub-paragraph (i)—the garage

if no place is recorded as specified group, as recorded—

(A) by the Corporation; or

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(B) if a vehicle is registered in

another State or Territory, by
the registration authority of

that State or Territory; or

(iii) in sub-paragraph (i) or (ii)—the
place from which the driver

if no place is recorded as specified instructions.

(2) In sub-section (1), "group of vehicles" means a heavy vehicle that is physically connected to one or more other vehicles (even if those other vehicles are not heavy

vehicles).

(3) For the purposes of this section, if a driver is

a self-employed driver and an employed
driver at different times, the driver may have
one driver base as a self-employed driver and
another driver base as an employed driver.

(4) For the purposes of this section, if a driver

has 2 or more employers, the driver may have a different driver base in relation to each employer.

109.

Copying of documents copy a document, the person—

(a)	may copy all, or part of, the document or the contents of the document; and
(b)	may access any device or thing in which the document exists or is stored to enable that copying.

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110.

Compliance purposes purposes related to ascertaining whether or not a relevant law or scheme has been contravened or is being complied with.

111. Other reference provisions

(1) A reference in this Part to the owner,

operator or registered operator of a vehicle includes, in the case of a group of vehicles that are physically connected, a reference to
the owner, operator or registered operator of
each of the vehicles in the group.

(2) A reference to a contravention of a relevant law or scheme is a reference—

(a) a non-Victorian road or transport law,

in the case of a road or transport law or that law;

(b) in the case of an approved road transport compliance scheme, to a failure to comply with, or to a breach of, that scheme.

(3) A reference to a requirement imposed by a

law or scheme includes a reference to a
requirement imposed under a law or scheme.

112. Authorisation of authorised officers

(1) The Corporation may authorise an officer of

the Corporation, and the Secretary may
authorise an officer of the Department of
Infrastructure, to carry out—

(a)

any inspections and searches of heavy permitted by this Part; or

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(b)	any inspections and searches of heavy vehicles that are permitted by this Part; or
(c)	the inspection of a particular heavy vehicle or premises, or class of heavy vehicle or premises, that is permitted by this Part; or
(d)	the inspection and search of a particular heavy vehicle or premises, or class of heavy vehicle or premises, that is permitted by this Part.

(2) In authorising a person under this section, the Corporation or Secretary must give the person an identity card—

(a)	that identifies the person by name as an inspector under this Part; and
(b)	who is authorised to carry out inspections under sub-sections (1)(a) and (1)(b), what inspections and

that specifies, in the case of a person to conduct; and

(c)

that contains a photograph of the person.

(3) In the case of a person who is authorised to

(1)(c) and (1)(d), the Corporation or

carry out inspections under sub-sections document that specifies the inspections or searches that the person has been authorised to conduct.

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(4) If a person's authorisation under this section

is revoked, expires or otherwise ceases to
have effect, he or she must return his or her
identity card and any document he or she
was given under sub-section (3) to the
Corporation or Secretary as soon as is
practicable.
Penalty: 60 penalty units.

Division 2—Inspections and Searches of Vehicles on Highways or Public Places

113. Vehicles to which this Division applies

This Division applies to a heavy vehicle that

is—

(a) on any highway; or

(b) in or on any public place; or

(c)	in or on any premises occupied or owned by the Corporation or by any other public authority; or
(d)	in or on any premises that an inspector is authorised to enter under Division 3 or 4; or
(e)	in or on any other place, but only if the vehicle has entered that place as the immediate result of it being involved in an accident on or near a highway.

114. Power to inspect vehicle

(1) An inspector may inspect a vehicle to which

this Division applies for compliance
purposes.

(2) Without limiting sub-section (1), in

conducting an inspection of the vehicle, the
inspector may—

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(a) enter the vehicle;

(b)	weigh the vehicle or any part of the vehicle or its equipment or load;
(c)	otherwise measure, or test, or take photographs of, the vehicle or any part of the vehicle or its equipment or load (other than a passenger);
(d)	photographs of, placards or other information required by a relevant law or scheme to be displayed in or on the vehicle, including placards or other information relating to its

check the existence or details of, or take entitlements;

(e) copy—

(i)  any documents located in or on the vehicle that are required to be carried in or on the vehicle by a relevant law or scheme;

(ii) vehicle, or the use of the vehicle,
that are accessible electronically

any documents relating to the the vehicle;

(f) examine any goods found in or on the vehicle that the inspector believes, on reasonable grounds, provide, or may on

further examination provide, evidence of a contravention of a relevant law or scheme.

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(3) This section does not authorise the use of

force, but the inspector may do any or all of
the following—

(a)	open unlocked doors, panels, objects or other things, or open unlocked places;
(b)	move, but not take away, anything that is not locked up or sealed.

(4) In the case of a vehicle to which this

Division applies as a result of section 113(e),
the inspector may, for the purpose of
inspecting the vehicle, enter the place that
the vehicle is in or on without the consent of
the owner or occupier of the place.

(5) A photograph taken under sub-section (2)(c) of a vehicle, or of any part of a vehicle or its equipment or load, is not inadmissible as

evidence by reason only of the fact that it
includes the likeness of one or more of the
vehicle's passengers if the capturing of that
likeness does not appear to have been the

main reason for the taking of the photograph.

115. Power to search vehicle

(1) An inspector may search a vehicle to which

this Division applies if the inspector believes
on reasonable grounds—

(a)	that the vehicle has been used, or is being used, in contravention of a relevant law or scheme; or
(b)	that the vehicle has been, or may have been, involved in an accident.

(2) The inspector may form the necessary belief

during or after an inspection, or independently of an inspection.

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(3) Without limiting sub-section (1), in

searching the vehicle, the inspector may—

(a)	do anything that he or she may do in inspecting a vehicle under section 114;
(b)	search for evidence of a contravention of a relevant law or scheme;
(c)	search for any documents, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle;

(d) copy any or all of the following—

(i)	any transport documentation or journey documentation located in or on the vehicle;
(ii)	on the vehicle that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a

any other documents located in or scheme.

(4) The inspector may seize and remove any

documents, devices or other things from the
vehicle that the inspector believes on
reasonable grounds provide, or may on
further inspection provide, evidence of a
contravention of a relevant law or scheme.

(5) This section does not authorise an inspector to search a person, even if the person is part of a vehicle's load.

(6) A member of the police force may use

reasonable force in the exercise of a power
under this section.

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116.  Production of identification by inspectors before vehicle inspections or searches

(1) This section applies if—

(a)	an inspector wishes to inspect or search a vehicle under this Division; and
(b)	the driver, or another person apparently in charge of the vehicle, is present in, on or near the vehicle.

(2) Before starting to inspect or search the

vehicle, an inspector who is not a member of
the police force—

(a) driver or person by producing his or her

must identify himself or herself to the driver or person; and

(b)	if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), must also produce the document given to him or
her under section 112(3) for inspection by the driver or person.

(3) In the case of an inspector who is a member

of the police force, but who is not in
uniform, before starting to inspect or search
the vehicle he or she must identify himself or
herself to the driver or person by producing
his or her identification as a member of the
police force.

(4) It is not necessary for an inspector who is a

member of the police force and who is in
uniform to identify himself or herself before
starting to inspect or search the vehicle.

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(5) Despite sub-section (2), it is not necessary

for an inspector who is an authorised officer to identify himself or herself before starting to inspect or search the vehicle if—

(a) he or she is in uniform; and

(b) the inspection or search is to be conducted at a weighbridge or other place on or next to a highway as part of a program of inspections or searches of heavy vehicles.

(6) If an inspector decides to start a search while in the process of conducting an inspection, it is not necessary for the inspector to comply

with sub-section (2) or (3) again if the
inspector starts the search during, or

immediately after, the inspection.

117. Production of identification during
inspection or search

(1) An inspector conducting an inspection or a

search of a heavy vehicle under this Division
must, if asked to do so, produce for
inspection—

(a) if the inspector is an authorised officer—

(i) his or her identity card; and

(ii)  if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), the

document given to him or her
under section 112(3); or

(b) if the inspector is a member of the police force who is not in uniform, his or her identification as a member of the police force.

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(2) An inspector must comply with sub-

section (1) even if he or she has complied
with section 116.

(3) It is not necessary for an inspector who is a

member of the police force and who is in
uniform to produce any identification if
asked to do so while conducting an
inspection or a search under this Division.

(4) It is not necessary for an inspector to comply

with a request to produce identification that is made by a person to whom the inspector has already produced that identification
before or during an inspection or search.

118.  Consent not needed for inspections or searches

An inspector may exercise a power under this Division at any time, and without the consent of the driver, or other person

apparently in charge of the vehicle, or any
other person.

Division 3—Inspections and Searches of

Premises

119. Definition

In this Division—

"authorised inspector" means—

(a) been authorised by the
Corporation or the Secretary to
inspect and search premises under

an authorised officer who has 112(1)(d);

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(b) a member of the police force who has been authorised by the Chief Commissioner of Police to inspect and search premises.

120. Premises to which this Division applies

This Division applies to the following

premises—

(a)	any premises at or from which a responsible person carries on business, or that is occupied by a responsible person in connection with such a business, or that is a registered office of
a responsible person under the Corporations Act;

(b) the garage address of a heavy vehicle;

(c) the driver base of a heavy vehicle;

(d)

any premises where documents are kept be kept by, a relevant law or scheme;

(e) journey documentation relating to

any premises where transport or person.

121. Power to inspect premises

(1) An authorised inspector may inspect a

premises to which this Division applies for
compliance purposes.

(2) Without limiting sub-section (1), in

conducting an inspection of a premises, the

authorised inspector may—

(a) enter the premises;

(b) inspect, or enter and inspect, any heavy vehicle in or on the premises;

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(c)

inspect and copy any documents to be kept by a relevant law or scheme;

(d) devices (including weighing,
measuring, recording or monitoring

check the existence of and inspect any installed, used or maintained by a relevant law or scheme, and to inspect and copy any document obtained from any such device;

(e)	examine any goods found on or in the premises that the inspector believes, on reasonable grounds, provide, or may on further examination provide, evidence of a contravention of a relevant law or scheme;
(f)	exercise with respect to a heavy vehicle located at the premises any power that may be exercised during an inspection of a heavy vehicle under section 114(2).

(3) This section does not authorise the use of

force, but the authorised inspector may under
this section do any or all of the following—

(a)	open unlocked doors, panels, objects or other things, or open unlocked places;
(b)	move, but not take away, anything that is not locked up or sealed.

122. Power to search premises

(1) This section applies to the following

premises—

(a) any premises to which this Division applies;

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(b)

any premises where an authorised grounds that a heavy vehicle is located.

(2) An authorised inspector may search a

premises to which this section applies if the
inspector believes on reasonable grounds

that—

(a)	there may be, at the premises, evidence of a contravention of a relevant law or scheme; or
(b)	a heavy vehicle has been, or may have been, involved in an accident and—

(i)  the premises are the garage address of the vehicle; or

(ii)  the premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load, and the vehicle is, or has been, at the premises.

(3) The authorised inspector may form the

necessary belief during or after an inspection, or independently of an inspection.

(4) Without limiting sub-section (2), in searching a premises, the authorised inspector may—

(a)

do anything that he or she may do in section 121;

(b) search for evidence of a contravention of a relevant law or scheme;

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(c)	search for and inspect any documents, devices or other things that relate to a heavy vehicle or any part of its
equipment or load and that are located at the premises;

(d) copy any or all of the following—

(i) any transport documentation or
journey documentation located at
the premises;

(ii)  any documents that are required to be kept by a relevant law or scheme that are located at the premises;

(iii) premises that the inspector
believes on reasonable grounds
provide, or may on further
inspection provide, evidence of a

any other documents located at the scheme;

(e) exercise with respect to a heavy vehicle located at the premises any powers that may be exercised during a search of a

heavy vehicle under section 115(3).

(5) The authorised inspector may seize and remove any documents, devices or other things from the premises that the inspector

believes on reasonable grounds provide, or
may on further inspection provide, evidence
of a contravention of a relevant law or
scheme.

(6) A member of the police force may use

reasonable force in the exercise of a power
under this section.

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123.  When inspection or search may be conducted

(1) An inspection or search under this Division may be conducted—

(a) has obtained a consent to the inspection

at any time, if the authorised inspector section 125; or

(b) premises—at any time during the usual
business operating hours applicable at
the premises, and without the consent
of the occupier or other person
apparently in charge of the premises, or

if a business is carried on at the section 124(1)(a)).

(2) For the purposes of this section, a premises

that is used for predominantly residential
purposes is not a business premises, even if,
for instance, it is the registered business
address of a responsible person.

124.  Unattended or residential premises not to be searched

(1) This Division does not authorise, without a

consent obtained in accordance with
section 125, the inspection or search of—

(a)	a premises that is unattended at the time of proposed entry; or
(b)	a premises that is used for predominantly residential purposes.

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(2) For the purposes of sub-section (1)(a), a

premises is unattended unless one or other of
the following is present on the premises—

(a) a responsible person; or

(b) a person who is, or who appears to be, of or over the age of 16 years and who is, or who appears to be, in charge of

the premises.

(3) If an authorised inspector enters a premises

that the inspector believes is attended, but
then discovers that the premises is
unattended, the inspector—

(a) must place in a prominent position in the premises a notice stating—

(i)  the inspector's name and contact details; and

(ii)

that the inspector entered the Act; and

(iii) after finding them unattended

that the inspector left the premises and

(b) must then immediately leave the premises.

125. Procedure for obtaining informed consent

(1) Consent to an inspection or search may only

be obtained in accordance with this section
from—

(a) in the case of a premises that is used for predominantly residential purposes, a person who the authorised inspector reasonably believes to be the occupier or owner of the premises;

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(b) in any other case, a person who is, or who appears to be, of or over the age of 16 years and who is, or who appears to be, in charge of the premises.

(2) An authorised inspector obtains a person's

consent in accordance with this section if the
inspector—

(a) produces for inspection by the person—

(i)  if the inspector is an authorised officer—

(A) his or her identity card; and

(B) if the inspector is acting

under an authorisation issued
under section 112(1)(c) or
112(1)(d), the document
given to him or her under
section 112(3); or

(ii)  if the inspector is a member of the police force who is not in uniform, his or her identification as a

member of the police force; and

(b) informs the person—

(i)  of the purpose of the inspection or search; and

(ii)  that the person may refuse to give consent to the inspection or search; and

(iii) copy most documents found on

that the inspector is entitled to or search; and

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(iv) in the case of an inspection— (A) that the inspector may only

take a thing from the
premises with the consent of

the person; and

(B) that the inspector may begin
to search the premises if he
or she finds anything that
gives him or her the

authority to do so; and

(v) inspector is entitled to seize

that in conducting a search the a contravention of a relevant law or scheme; and

(vi) obtains the person's signature to an acknowledgment that states— that anything seized, taken or search may be used in evidence in proceedings; and

(c)

(i)

that the person has been given the paragraph (b); and

(ii)  that the person consents to the inspection or search; and

(iii)  the date and time that the person consented; and

(d) gives the person a copy of the acknowledgment.

(3) For the purposes of sub-section (2), it is not necessary for an inspector who is a member of the police force and who is in uniform to produce his or her identification as a member

of the police force.
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(4) If, in any proceeding, an acknowledgment is not produced to the court or tribunal, it must be presumed, until the contrary is proved,

that the inspection or search occurred
without consent.

(5) For the purposes of this Act, a person does

not obstruct an inspector by refusing to
consent to an inspection or search.

126.  Production of identification by inspectors before inspections or searches of premises

(1) This section applies if—

(a)	an authorised inspector wishes to inspect or search a premises under this Division; and
(b)	the inspector has not obtained a consent to the inspection or search in accordance with section 125.

(2) In this section, "occupier" means, in

relation to a premises that is to be inspected

or searched—

(a) the occupier or owner of the premises; or

(b) a responsible person on the premises; or

(c) a person who is, or who appears to be, of or over the age of 16 years and who is, or who appears to be, in charge of

the premises.

(3) Before starting to inspect or search the

premises, an inspector who is not a member
of the police force must, if it is practicable to
do so—

(a) identify himself or herself to an occupier of the premises by producing

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his or her identity card for inspection

by the occupier; and

(b) if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), also produce the

document given to him or her under section 112(3) for inspection by the occupier.

(4) In the case of an inspector who is a member

of the police force, but who is not in
uniform, before starting to inspect or search
the premises he or she must, if it is
practicable to do so, identify himself or
herself to an occupier by producing his or
her identification as a member of the police
force.

(5) It is not necessary for an inspector who is a

member of the police force and who is in
uniform to identify himself or herself before
starting to inspect or search the premises.

(6) If an inspector decides to start a search while in the process of conducting an inspection, it is not necessary for the inspector to comply

with sub-section (3) or (4) again if the
inspector starts the search during, or

immediately after, the inspection.

127. Production of identification during
inspection or search

(1) An inspector conducting an inspection or a

search of a premises under this Division
must, if asked to do so, produce for
inspection—

(a) if the inspector is an authorised officer—

(i) his or her identity card; and

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(ii)  if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), the

document given to him or her
under section 112(3);

(b) if the inspector is a member of the police force who is not in uniform, his or her identification as a member of the police force.

(2) An inspector must comply with sub-

section (1) even if he or she has complied
with section 126.

(3) It is not necessary for an inspector who is a

member of the police force and who is in
uniform to produce any identification if
asked to do so while conducting an
inspection or a search under this Division.

(4) It is not necessary for an inspector to comply

with a request to produce identification that is made by a person to whom the inspector has already produced that identification

before or during an inspection or search.

Division 4—Search Warrants

128. Search warrants

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a premises, if the inspector believes on

reasonable grounds that there is on the
premises evidence of a contravention of a
road or transport law.

(2) The magistrate may issue a search warrant if he or she is satisfied, by evidence provided by the inspector on oath or by affidavit, that there are reasonable grounds to believe that there is on a premises a thing or things of a

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particular kind that may be evidence of the
contravention of a road or transport law.

(3) The warrant is to be issued in accordance with the Magistrates' Court Act 1989.

(4) In the warrant, the magistrate may authorise the inspector, or another inspector named in the warrant, together with any other person or people named or otherwise identified in the warrant, and with any necessary

equipment—

(a) to enter the premises; and

(b) to do all or any of the following—

(i) to search for;

(ii) to seize;

(iii) to secure against interference;

(iv) to examine and inspect;

(v) to inspect and copy—

the thing or things.

(5) In the warrant, the magistrate may authorise an inspector who is a member of the police force to use force, if necessary, to enter the premises.

(6) The warrant must state—

(a)	the purpose for which the search is required and the nature of the alleged contravention; and
(b)	the identity of the premises to be searched and the thing or things in respect of which it is issued; and
(c)	any conditions to which it is subject; and

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(d)	whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(e)	a day, not later than 28 days after the issue of the warrant, on which it ceases to have effect.

(7) A warrant directed to a named member of

the police force may be executed by any
member of the police force.

(8) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989

extend and apply to warrants issued under

this section.

129. Announcement before entry

(1) Before executing a search warrant, the

inspector named in the warrant or any other
person authorised under section 128(4)—

(a)	must announce that he or she is authorised by the warrant to enter the premises; and
(b)	must give any person at the premises an opportunity to allow entry to the premises.

(2) An inspector or authorised person need not

comply with sub-section (1) if he or she
believes, on reasonable grounds, that
immediate entry to the premises is required
to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

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130. Details of warrant to be given to occupier

(1) If the occupier is present at the premises

where a search warrant is being executed, the
inspector must—

(a)	identify himself or herself to the occupier; and
(b)	give to the occupier a copy of the warrant.

(2) If the occupier is not present at the premises where a search warrant is being executed but another person is present, the inspector

must—

(a) identify himself or herself to that person; and

(b) give the person a copy of the warrant.

131.  Seizure of things not mentioned in the warrant

A search warrant authorises the inspector
executing the warrant, in addition to the
seizure of any thing of the kind described in
the warrant, to seize any thing which is not
of the kind described in the warrant if—

(a) the inspector believes, on reasonable grounds, that the thing—

(i)  is of a kind which could have been included in a warrant issued under this Division; or

(ii)

will afford evidence about the transport law; and

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(b) in the case of seizure, the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in contravention of a road or transport law.

Division 5—Inspectors May Give Directions

132.  Power to require production of documents and related items

(1) An inspector may, for compliance purposes, direct a responsible person to provide to the inspector—

(a)	any transport or journey documentation relating to the use of a heavy vehicle; and
(b)	any document required to be kept under a relevant law or scheme in relation to heavy vehicles; and
(c)	any documents, devices or other things in his, her or its possession or control relating to or indicating—

(i)  the use, performance or condition of a heavy vehicle; or

(ii) the ownership, insurance or
registration of a heavy vehicle; or

(iii)  any load or equipment carried or intended to be carried by a heavy vehicle (including insurance of

any such load or equipment); or

(d) any documents, devices or other things in his, her or its possession or control demonstrating that an alleged garage address of a heavy vehicle is the actual garage address of the vehicle.

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(2) The direction must state where and to whom the documents, devices or other things are to be produced.

(3) In giving a direction, the inspector may specify particular documents, devices or other things, or particular classes of

documents, devices or other things.

(4) The inspector may do any or all of the

following—

(a)	inspect any documents, devices or other things that are produced;
(b)	copy any documents, devices or other things that are produced;
(c)

seize and remove any documents, produced that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of a relevant law or scheme.

(5) A responsible person must not, without

reasonable excuse, refuse or fail to comply
with a direction made under sub-section (1).
Penalty applying to this sub-section:
60 penalty units.

133. Direction to provide reasonable assistance

(1) An inspector may direct a responsible person

to provide assistance to the inspector to
enable the inspector effectively to exercise a
power under this Part.

(2) Without limiting sub-section (1), the

inspector may direct the person to do any or
all of the following—

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(a)	to find and gain access to electronically stored information;
(b)	to find and gain access to any information required to be on a vehicle to indicate its specifications, capabilities or legal entitlements;
(c)	information relating to a heavy vehicle (including the performance, specifications, capabilities, use and legal entitlements of the vehicle) in a useable form for the purpose of ascertaining its compliance with

to find and gain access to any or scheme;

(d) to weigh or measure the whole or any part of a heavy vehicle or its load;

(e) to run the engine of a heavy vehicle. (3) A responsible person must not, without

reasonable excuse, refuse or fail to comply

with a direction made under sub-section (1).

Penalty:  60 penalty units.

(4) In proceedings for an offence against sub-

section (3), it is a defence if the person
charged establishes that—

(a) the direction was unreasonable; or

(b) without limiting paragraph (a), the direction or its subject-matter was outside the scope of the business or

other activities of the person.

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134. Authority to run vehicle's engine

(1) Section 133 does not authorise an inspector to direct a person to drive a vehicle.

(2) If a person fails to comply with a direction

under section 133 to run the engine of a
heavy vehicle, or no responsible person is
available to do so, an inspector may—

(a) enter the vehicle and run its engine; or

(b) authorise any other person to do so. (3) A member of the police force or a person

authorised by a member of the police force
may use reasonable force in the exercise of a

power under sub-section (2).

135. Direction to state name and address

(1) An inspector may, for compliance purposes,

direct an individual whom the inspector
believes on reasonable grounds is, or may be,
a responsible person to state his or her name,
home address and business address.

(2) A person must comply immediately with a

direction.
Penalty: 5 penalty units.

(3) A person must not, in purported compliance

with a direction, knowingly provide a false
name or address.
Penalty: 5 penalty units.

(4) In proceedings against a person for an offence of failing to state the person's business address, it is a defence if the person

charged establishes that the person did not have a business address or that the person's business address was not connected (directly
or indirectly) with road transport involving
heavy vehicles.

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(5) This section does not affect any other law that requires a person to state the person's name or address.

136. Direction to provide certain information

(1) An inspector may direct, for compliance

purposes, a responsible person who is
associated with a particular heavy vehicle—

(a) to state the name, home address and business address of—

(i)  any other responsible person who is associated with the vehicle or any load that is being carried by the vehicle; and

(ii) group of vehicles to which the
heavy vehicle is physically

if so directed, in the case of a of each vehicle in the group;

(b) to give any information that it is within the power of the person to give that may lead to the identification of the driver of the vehicle on any occasion.

(2) A person must comply with a direction. Penalty: 5 penalty units.

(3) A person must not, in purported compliance

with a direction, knowingly provide
information that is false or misleading in a
material respect.
Penalty: 5 penalty units.

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(4) In proceedings against a person for an

offence of failing to comply with a direction,
it is a defence if the person charged
establishes that the person did not know, and
could not be reasonably expected to know or

ascertain, the required information.

(5) In proceedings against a person for an

offence of failing to state another person's
business address, it is a defence if the person
charged establishes that the other person did
not have a business address or that the other
person's business address was not connected
(directly or indirectly) with road transport
involving heavy vehicles.

137.  Manner of giving directions under this Division

(1) A direction under this Division may be given orally or in writing.

(2) If giving a direction orally, the inspector giving the direction—

(a)	must state whether it is to be complied with immediately or within a specified period; and
(b)	must warn the person to whom the direction is given that it is an offence under this Act to fail to comply with a direction.

(3) If giving a direction in writing, the inspector must ensure that the direction—

(a)	states the period within which it is to be complied with; and
(b)	states that it is an offence under this Act to fail to comply with a direction.

(4) A written direction may be given to, or sent
by post to, the person to whom it is directed.

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138. Self-incrimination not an excuse

(1) A person is not excused from complying

with a direction made under this Division on the ground that complying with the direction may result in information being provided
that might incriminate the person.

(2) Any information obtained from a natural

person under this Division is not admissible
in evidence against the person in criminal
proceedings other than in proceedings in
respect of the provision of false information.

(3) Despite sub-section (2), any information

obtained from a person under section 135(1) is admissible in evidence against the person in criminal proceedings.

(4) Despite sub-section (2), any information

obtained from a person under this Division that is contained in any document or item—

(a)	that the person is required to keep by any law or approved road transport compliance scheme; or
(b)	that was obtained without the direct assistance of the person—

is admissible in evidence against the person
in criminal proceedings.

(5) For the purposes of sub-section (4), a person provides direct assistance in the obtaining of a document or item if the person is required to identify, to reveal the location of, or to

explain the contents of, the document or
item.

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Division 6—Seizure

139. Copies of certain seized things to be given

(1) If, in exercising a power under this Part, an inspector seizes—

(a) a document; or

(b) a thing that can be readily copied; or

(c)

a storage device that contains copied—

the inspector must give a copy of the
document, thing or information to the owner
or custodian of the document, thing or device

as soon as is practicable after the seizure.

(2) Sub-section (1) does not apply—

(a)	to any document, thing or device moved under section 146(2); or
(b)

if the inspector is unable to discover the the document, thing or device.

(3) If it is not practicable to comply with sub- section (1) in respect of a thing before the inspector finishes the search, the inspector must give a receipt for it to the person from

whom it is seized and removed.

(4) In the case of a paper document, the

inspector must certify on any copy of the
document given to a person under this
section that the copy is an accurate copy of

the document.

(5) A copy of a document certified under sub-

section (4) is to be received in all courts and tribunals as evidence of equal validity to the original.

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140. Access to seized things

(1) If a thing is seized under this Part, the inspector who seized the thing must, if practicable, allow the person who would

normally be entitled to possession of it
reasonable access to it while it remains in the
possession, or under the control, of the
inspector.

(2) This section does not apply if the inspector

has given the person an accurate copy of the
thing.

141.  Journey may be completed despite seizure of required thing

(1) This section applies if, during a search, an

inspector seizes from a vehicle in transit any thing that is required by law to be carried in or on the vehicle while the vehicle is being driven.

(2) At the conclusion of the search the driver, or

two-up driver, of the vehicle may complete
the journey that he or she was undertaking at
the time the search was conducted despite

the seizure of the thing, and he or she does
not commit any offence by doing so.

(3) For the purposes of this section, a journey is

completed at any time a vehicle reaches its driver base, even if it was intended that the original journey would take it beyond that base.

(4) This section does not apply if the driver of

the vehicle is asked to produce the thing that
was seized and he or she fails to produce in
response to that request the copy of the thing,
or the receipt for the thing, that was given
under section 139.

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(5) This section does not apply at any time after

the further use of the vehicle has been
lawfully prohibited.

(6) If the thing seized is evidence that a person is

authorised to carry out an activity under a law, this section also does not apply at any time after the authority to carry out that

activity is suspended or cancelled.

142. Embargo notice

(1) This section applies if—

(a)	an inspector is authorised to seize any thing under this Part; and
(b)	the thing cannot, or cannot readily, be physically seized and removed; and

(c) the inspector—

(i)  is a member of the police force who has been authorised under section 119(b) to inspect and

search premises; or

(ii) Corporation or the Secretary to

has been authorised by the section.

(2) The inspector may issue an embargo notice in relation to the thing.

(3) An embargo notice is a notice forbidding the movement, sale, leasing, transfer, deletion of information from or other dealing with the

thing, or any part of the thing, without the
written consent of the inspector, the
Secretary, the Corporation or the Chief
Commissioner of Police.

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(4) The embargo notice—

(a)	must be in the form, or contain the details, required by the regulations; and
(b)	must list the activities that it forbids; and

(c) must set out a copy of sub-section (8). (5) The inspector may issue the notice—

(a)	by causing a copy of the notice to be served on the occupier; or
(b)	if that person cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to

the thing in a prominent position.

(6) A person who knows that an embargo notice relates to a thing must not—

(a)	do anything that is forbidden by the notice under this section; or
(b)	instruct any other person to do anything that is forbidden by the notice under this section or to do anything that the person is forbidden to do by the notice.

Penalty: 60 penalty units.

(7) It is a defence to a prosecution for an offence

against sub-section (6) to prove that the
person charged—

(a)	moved the thing, or part of the thing, for the purpose of protecting or preserving it; and
(b)	notified the inspector who issued the notice of the move, and of the new location of the thing or part, within 48 hours after the move.

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(8) A person on whom an embargo notice is

served must take reasonable steps to prevent
any other person from doing anything
prohibited by the notice.
Penalty: 20 penalty units.

(9) Despite anything in any other Act, a sale,

lease, transfer or other dealing with a thing in
contravention of this section is void.

(10) Sections 143 and 144 apply to an embargo

notice as if—

(a)	a reference to the seizing of a thing was a reference to the issuing of the notice; and
(b)	a reference to taking reasonable steps to return a thing in that section was a reference to the withdrawing of the notice; and
(c)	a reference to the retaining of the thing was a reference to the continuation of the notice.

143.  Retention and return of seized documents or things

(1) If an inspector seizes a document or other

thing under this Part, the inspector must take
reasonable steps to return the document or
thing to the person from whom it was seized
if the reason for its seizure no longer exists.

(2) If the document or thing seized has not been returned within 3 months after it was seized, the inspector must take reasonable steps to

return it unless—

(a) proceedings for the purpose for which the document or thing was seized or retained have commenced within that 3 month period and those proceedings

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(including any appeal) have not been

completed; or

(b) the Magistrates' Court makes an order under section 144 extending the period during which the document or thing

may be retained.

144.  Magistrates' Court may extend 3 month period

(1) An inspector may apply to the Magistrates' Court within 3 months after seizing a document or other thing under this Part for an extension of the period for which the inspector may retain the document or thing.

(2) The Magistrates' Court may order such an

extension if it is satisfied that retention of the
document or other thing is necessary—

(a)	for the purposes of an investigation into whether a contravention of a relevant law or scheme has occurred; or
(b)	to enable evidence of a contravention of a relevant law or scheme to be obtained for the purposes of a proceeding under this Act.

(3) The Magistrates' Court may adjourn an

application to enable notice of the
application to be given to any person.

Division 7—Other Matters Concerning

Inspections and Searches

145. Use of assistants and equipment

(1) An inspector may exercise a power under this Part with the aid of any assistants and equipment that the inspector considers

necessary.

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(2) A power that may be exercised by an

inspector under this Part may be exercised by
an assistant authorised by the inspector.

(3) This section does not apply to a search under a search warrant.

146.  Use of equipment to examine or process things

(1) Without limiting section 145, an inspector

exercising a power under this Part may bring
to, or on to, a vehicle or premises any
equipment reasonably necessary for the
examination or processing of things found in,
on or at the vehicle or premises in order to
determine whether they are things that may
be seized.

(2) If—

(a)	it is not practicable to examine or process the things at the vehicle or premises; or
(b)	the occupier of the vehicle or premises consents in writing—

the things may be moved to another place so
that the examination or processing can be
carried out in order to determine whether
they are things that may be seized.

(3) The inspector, or a person assisting the

inspector, may operate equipment already in,
on or at the vehicle or premises to carry out
the examination or processing of a thing
found in, on or at the vehicle or premises in
order to determine whether it is a thing that
may be seized, if the inspector or person
assisting believes on reasonable grounds
that—

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(a)	the equipment is suitable for the examination or processing; and
(b)	the examination or processing can be carried out without damage to the equipment or the thing.

147. Use or seizure of electronic equipment

(1) If—

(a)	a thing found in, on or at a vehicle or premises is, or includes, a disk, tape or other device for the storage of information; and
(b)	equipment in, on or at the vehicle or premises may be used with the disk, tape or other storage device; and
(c)	the inspector believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether a relevant law or scheme has been contravened—

the inspector or a person assisting the
inspector may operate the equipment to
access the information.

(2) If the inspector or a person assisting the inspector finds that a disk, tape or other storage device in, on or at a vehicle or

premises contains information of the kind referred to in sub-section (1)(c), he or she may—

(a)

put the information in documentary produced; or

(b) copy the information to another disk, tape or other storage device and remove

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s. 4 Part 2—Amendments to the Road Safety Act 1986

that storage device from the vehicle or

premises; or

(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3) An inspector or a person assisting an

inspector must not operate or seize
equipment for the purpose mentioned in this
section unless the inspector or person
assisting believes on reasonable grounds that
the operation or seizure of the equipment can
be carried out without damage to the

equipment.

148.	Obstructing or hindering inspectors A person must not obstruct or hinder an inspector who is exercising a power or function under this Part. Penalty: 60 penalty units.
149.	Impersonating authorised officers A person must not impersonate an authorised officer. Penalty: 60 penalty units.'.

4. Changes to definitions

In section 3(1) of the Road Safety Act 1986—

(a) (except in Part 9)—

for the definition of "garage address" ' "garage address" of a vehicle means

(a) in the case of a heavy vehicle that is normally kept at a depot or base

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of operations when not in use, the
principal depot or base of

operations of the vehicle; or

(b)	in the case of a heavy vehicle that is normally kept on a highway when not in use, the home address of the registered operator; or
(c)	nominated by the applicant for

in any other case, the place vehicle is normally kept;';

(b) insert the following definitions—
' "home address" of a person means—

(a)

in the case of an individual—the place of abode in Australia; or

(b) that has a registered office in

in the case of a body corporate registered office; or

(c)

in any other case—the address of place of business in Australia;

"Secretary" means the Secretary to the Department of Infrastructure;'.

5.  General evidentiary provisions – consequential amendment

After section 84(2)(e) of the Road Safety
Act 1986 insert—

"(ea) the fact that a person is, or is not, or was, or was not, a member of, or a participant in, an approved road transport compliance scheme (as defined in section 106); or".

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s. 6 Part 3—Amendments to Other Acts

PART 3—AMENDMENTS TO OTHER ACTS

6. Repeal of superseded provision

Section 16 of the Road Safety (Further

Amendment) Act 1991 is repealed.

7. Inspection of motor vehicles

(1) In sections 216(1) and 217(1) of the Transport

Act 1983, for "provisions of" substitute

"requirements imposed by or under".

(2) After section 216(5) of the Transport Act 1983

insert—

'(6) In conducting an inspection under this

section, an authorised officer or member of
the police force may—

(a)	carry out any tests that he or she considers to be appropriate; and
(b)	copy all or any part of a document, or the contents of a document, that he or she is authorised to inspect; and
(c)	extract or copy any data held in any equipment or device required to be fitted to, or carried on, any vehicle being inspected.

(7) A reference to a "driver" in this section includes a reference to a person—

(a)	who is in charge of a motor vehicle within the meaning of section 3AA of the Road Safety Act 1986;
(b)	who is a driver within the meaning of section 3AB of the Road Safety Act 1986.'.

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8. Insertion of section 217A

After section 217 of the Transport Act 1983 insert—

'217A. Additional inspection power concerning

heavy vehicles

(1) In this section, "heavy vehicle" has the

same meaning as it has in section 3(1) of the Road Safety Act 1986, but also includes—

(a)	any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and
(b)	a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business.

(2) A person who is authorised to exercise a power under section 216 or 217 may also exercise that power in relation to a heavy vehicle for the purpose of ascertaining

whether the requirements imposed by or
under the Road Safety Act 1986 are being
complied with.

(3) If a person acting under sub-section (2) discovers that a heavy vehicle does not comply with the Road Safety Act 1986 or

the regulations made under that Act, section 14 of that Act applies as if a reference in that section to "a member of the
police force or a person referred to in
section 13(6)" were a reference to him or

her.'.

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Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 1 May 2003

Legislative Council: 22 May 2003

The long title for the Bill for this Act was "to amend the Road Safety Act
1986 and the Transport Act 1983 and for other purposes."